» Notable Results Notable Results – Gusrae Kaplan Nusbaum PLLC

Fiero v. FINRA

In the landmark call the Second Circuit Court of Appeals determined that FINRA had no jurisdictional or legal authority to collect its disciplinary fines in a court collections proceeding. The court determined that fines were not enforceable except in the context of removing an associated person of FINRA.

Decided October 5, 2011

GKN LAWYERS: MARTIN H. KAPLAN
CASE TYPE: SECURITIES LITIGATION

Bensadoun v. Jobe Riat

In a seminal and well cited case, the Court of Appeal for the Second Circuit ruled favorable on the appeal filed by Gusrae Kaplan’s client Jean Bensadoun. This established the standard that, whether there exists arbitration jurisdiction, is an issue for a court and not the arbitration panel.

Decided January 13, 2003.

GKN LAWYERS: MARTIN H. KAPLAN
CASE TYPE: SECURITIES LITIGATION

Solange Landau v. Toni Vallen

In a case of first impression the Second Circuit Court of Appeals reversed the decision of the District Court for the Southern District of New York and authorized the attachment of bail funds that were posted in a criminal matter by a foreign national who was charged with securities fraud in a federal action for securities fraud commenced by Gusrae Kaplan on behalf of the victim of securities fraud Solange Landau.

Decided on February 6, 1990.

GKN LAWYERS: MARTIN H. KAPLAN
CASE TYPE: SECURITIES LITIGATION